Opinion
June 29, 1967
Appeal from the Onondaga Special Term.
Present — Williams, P.J., Bastow, Henry, Del Vecchio and Marsh, JJ. [ 51 Misc.2d 116.]
Judgment and order unanimously reversed and matter remitted to the Supreme Court of Onondaga County for further proceedings in accordance with the memorandum, without costs. Memorandum: The action was tried and decided upon the very narrow question as to whether Maryland Casualty Company had received timely notice of the accident and claim from Fidelity and Casualty Company of New York. This was the sole approach presented on the motion for summary judgment. There are various other elements involved in this action, such as whether Maryland Casualty Company had notice of this accident from any other party who would be obliged to give notice; also, whether Maryland had actual notice of this accident and of the claims that might be interposed and the effect, if any, of such actual notice on any claim to be presented; further, whether any notice that was in fact given was given "as soon as practicable" (we are quoting from the language of the policy) under the somewhat complicated questions of coverage which are here presented. There should be a plenary trial to determine all of these questions and any others that are pertinent.